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STATE v. SHOP RITE FOODS, INC.

No. 7362.

390 P.2d 437 (1964)

74 N.M. 55

STATE of New Mexico, Plaintiff-Appellant, v. SHOP RITE FOODS, INC., d/b/a Piggly Wiggly and John Ridgeway, Defendants-Appellees. STATE of New Mexico, Plaintiff-Appellant, v. SHOP RITE FOODS, INC., d/b/a Piggly Wiggly, Defendant-Appellee.

Supreme Court of New Mexico.

March 16, 1964.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Norman S. Thayer, Joel M. Carson, Wayne Wolf, Asst. Attys. Gen., Santa Fe, for appellant.

McKenna & Sommer, Santa Fe, for appellees.

NOBLE, Justice.

Defendants, Shop Rite Foods, Inc., doing business as Piggly Wiggly and its employee, John Ridgeway, were charged in criminal cause No. 15768, Bernalillo County, with violation of § 49-1-5 N.M.S.A. 1953. The information and bill of particulars considered together charged the store with advertising for sale 6-bottle cartons of king-size cokes, the first 2 cartons for 29 cents each and additional cartons...

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